Young v. Williams
Supreme Court of North Carolina
1Opinion of the CourtDeNNY, J.
The question posed for determination is, where a testator makes a will, making his wife the sole beneficiary, and then .subsequently has a child born, does a codicil executed by the testator subsequent to the birth of the child constitute a republication of his will?
The overwhelming weight of authority is that a duly executed codicil operates as a republication of the original will and -makes it speak from the date of the execution of the codicil insofar as it is not altered or revoked by the codicil. 57 Am. Jur., Wills, Section 626, page 428; 95 C.J.S., Wills, Section 303, subsections d(lj…
2Cases cited4 opinions
- Hatcher v. HatcherSupreme Court of Virginia · 1885
- Gooch v. GoochSupreme Court of Virginia · 1922
- In Re the Will of CoffieldSupreme Court of North Carolina · 1939
- Murray v. . OliverSupreme Court of North Carolina · 1849
3Cited by2 opinions
- Delly v. Seaboard Citizens National BankSupreme Court of Virginia · 1961
- Azcunce v. Estate of AzcunceDistrict Court of Appeal of Florida · 1991